Further, the moving party bears the burden of refuting all affirmative defenses, and Florida law prohibits entry of summary judgment where Plaintiff has not effectively refuted all affirmative defenses with plaintiff affidavits and other admissible evidence.… Read More Florida’s Summary Judgment Standard
This month Bernhard Law Firm found, executed upon, and collected over $300K for its Brazilian client, after a Brazilian co-investor in Bal Harbour real estate sucked the equity out of their mutual investments. (Florida Bar disclaimer: results may not be typical. You may not have as beneficial a result, or same or similar results).… Read More Bernhard Law Firm Collects Over $300K for Brazilian Client in Bal Harbour Investment Dispute
However, under the modern standard for § 57.105, merely losing a case, motion, or appeal is not a basis for sanctions under § 57.105.… Read More Clarifying the Modern Standard for § 57.105 Attorney’s Fees – 2019
This month Bernhard Law Firm recovered $2.085 million for its Miami client, after a New York private capital firm refused to issue distributions on a successful Las Vegas real estate investment. Bernhard Law Firm also got repayment of all attorney’s fees and costs associated with recouping the distribution payments. … Read More Bernhard Law Firm Recovers Over $2 Million on Las Vegas Investment Distribution Dispute
If you have questions about filing a claim for declaratory judgment or to seek determination of your rights, please contact Bernhard Law Firm… Read More Are You Ready to Declare Your Rights? – A Helpful Note on Premature Declaratory Actions
This week Bernhard Law Firm obtained a judgment to specifically perform closing of a Design District real estate sale that had been held up for three years… Read More Bernhard Law Firm Wins Specific Performance of Design District Sale
This article covers some of the ins and outs of asserting privilege when defending discovery directed at an attorney or law firm. If you have any questions as to asserting privileges… Read More The Ins and Outs of Privilege in Florida
The purpose of this exception to the rule is to prevent a defendant from unfair gamesmanship. If a defendant engages in costly litigation over an extended period, only to relinquish on the eve of an impending negative judgment, the plaintiff would be unjust forced to hold the bill.… Read More Get Prevailing Party Fees for Winning, After Losing the Case by Dismissing?
Today, Bernhard Law Firm won dismissal of two Brazilian shareholders in a million $ dollar guaranty lawsuit for leasing of South Beach commercial space. (Florida Bar disclaimer: results may not be typical. You may not have as beneficial a result).… Read More Bernhard Law Firm Wins Dismissal of $1M Brazilian Guarantors from South Beach Commercial Leasing Lawsuit
This article provides a primer on initial considerations in choice of law where there is no contractual provision predetermining the controlling law. This article uses the example of a foreign estate administration recouping Florida real estate owned by a Netherlands company.… Read More HOW TO CHOOSE YOUR LAW IN AN INTERNATIONAL DISPUTE – Six Steps to Determine Default Choice of Law Without Contractual Guidance
